While most of us have heard of the U.S. Department of Justice’s lawsuit against the state of Arizona based on Arizona Senate Bill 1070, not as much attention has been focused on another lawsuit on the same issue, filed by an Arizona police officer. Both lawsuits are proceeding at the same time, which causes some frustration for Judge Susan Bolton, who is in charge of both cases. As the New York Timesreports:

[Judge Bolton] did not issue a ruling but reacted to the arguments of both sides with skepticism and pointed questions. She has said she could not promise to rule before July 29, when the law takes effect, and at one point Thursday archly noted that the Justice Department would be in her courtroom next week making some of the same arguments against the law.

The lawsuit is based on Police Officer Salgado’s claim that the Arizona law, which threatens legal action against police officers who do not arrest persons based on a “reasonable suspicion” that they are undocumented, will force him to racially profile Arizonans. This is precisely what the Latina Institute, and many other immigrant advocacy organizations, believe will happen if the law is allowed to go into effect later this month. The Department of Justice’s argument, on the other hand, is that Arizona cannot take immigration enforcement into its own hands because that responsibility belongs to the federal government.

Judge Bolton ought to recognize that Officer Salgado’s claim is valid, and that if this law goes into effect, racial profiling on the part of the police will occur on a massive scale. Now, as it turns out, the Arizona Supreme Court has contradicted the higher Ninth Circuit Court of Appeals by allowing racial profiling in immigration decisions. That discrepancy puts police officers like Salgado in terribly difficult position. As his attorney Mr. Montoya pointed out, “Who is Officer Salgado going to obey, the Arizona Supreme Court, which says [race] can be a factor, or the Ninth Circuit, which says race can’t be used?” I hope Judge Bolton recognizes that the higher Ninth Circuit, which includes Arizona and six other states, rules.

I am also hopeful that other brave police officers like Officer Salgado will come forward to protest this discriminatory law on behalf of the people that they are supposed to protect. As Congressman Jared Polis (D-CO) insightfully pointed out during a second ad-hoc hearing on the Arizona law yesterday, crime in Maricopa County, AZ (where the infamous Sheriff Joe Arpaio dominates Latinos with an iron fist) rose by 58% in the last 10 years, while it dropped everywhere else in the state. Arizonans, and all reasonable people, are afraid to come forward when the police are no longer accountable to the people they are supposed to protect. Officer Salgado understands the delicate balance between trust and protection that the police must strike, and the court should understand that as well.